Student Development for Classroom Teachers

This section contains student development policies for all classroom teachers.

This section applies to all Classroom Teachers.

Students must register in advance for all work for which they expect to receive credit. Course registration lists are available on Campus Web. At the end of the first week of classes, any student attending a class who is not on the roster, or any student on the roster who is not attending the class, should be reported to the Registrar.

Conducting class is the immediate and direct responsibility of the classroom teacher. Other course responsibilities include the selection of textbooks and other teaching materials, the drafting and provision of a syllabus to students, the explanation to students of procedures and requirements for credit in the course, and the evaluation of student learning in the course. For advice about meeting these responsibilities classroom teachers can seek the guidance of the department chair, Area Chair, or Provost.

Classroom teachers are expected to meet classes on time and to continue the class for the time designated. They and their students should vacate the classroom promptly at the end of the period, out of consideration for those who must use the room next. Classroom teachers should inform the department chair or Area Chair of canceled classes. Planned absences of the classroom teacher that would entail canceling more than two consecutive meetings of any class should have advance approval of the department chair or Area Chair. In case of illness or other emergency, the department chair or relevant area or building administrative assistant should be notified as soon as possible, so that arrangements can be made for notifying the members of the class.

Classroom teachers should consider the following guidelines for scheduling extra or extended class meetings. These guidelines do not pertain to one-on-one or small group meetings scheduled with individual students since those meetings are flexibly scheduled to accommodate students’ other commitments.

• For a few courses, the nature of the courses requires attendance or participation at times other than the scheduled class sessions. In these cases, the additional components are described in the course description. Examples include courses with regularly scheduled fieldwork, student teaching courses, and performances for music, dance, and theatre performance related courses. Only in rare circumstances should such activities conflict with students' other regularly scheduled classes.
• Classroom teachers will not schedule extra or extended required sessions to accomplish standard course activities such as lecture, discussion, presentation, and tests. Such activities are supposed to be designed to fit within the time allocated to the course.
• Missed class meetings for conference attendance, weather closures, classroom teacher illness, etc. can be made up by take-home assignments, not sessions scheduled outside of the time allocated to the course.
• Sometimes special opportunities or engaged learning activities will require meeting at a time other than the regularly scheduled class time. The following guidelines will be observed in such cases:
  • Extra required sessions should be an exception rather than a rule. Such sessions will be kept to a minimum and will only be used for activities or opportunities that do not fit in the normally scheduled time for the class.
  • Extra required sessions will be announced at least two weeks in advance.
  • Classroom teachers will offer students unable to attend the required extra sessions alternative assignments or activities.
  • When appropriate, classroom teachers will offset the time expenditure entailed by an extra class session—for instance, by cancelling a regularly scheduled class session or reducing the homework assigned for a particular day.

This section applies to all Classroom Teachers.

Class Attendance

Classroom teachers should make clear to each class at the beginning of the term their specific requirements for class attendance. If repeated absences are impairing the academic effectiveness of any student, the classroom teacher should make this problem known to the student and contact the student’s advisor. If after such counsel attendance does not improve, the classroom teacher should report the matter to the Executive Director of Advising and Academic Success.

Students should regularly attend all classes for which they are enrolled. Absences typically are excused for observance of religious holidays, documented cases of illness or emergency, sanctioned school functions, or other appropriate exigent circumstances. Students must notify classroom teachers of their circumstances in a timely manner.

At their professional discretion, course instructors may, by notifying the Registrar prior to the deadline for withdrawing from a course, remove from their courses any student whose unexcused absences over any three week period reach or exceed 50%. Instructors are not obliged to notify the student prior to taking this action. A student removed from a course under these circumstances will be notified by the Office of the Registrar through the student’s Hendrix email account. A student may appeal this action by contacting the Registrar within three business days of the drop notice date. The Registrar will forward the appeal to the Academic Appeals Committee for review and action.

Inclement Weather Policy

As a result of inclement weather, the College may alter its regular operations as follows:

• Late opening/closing. Offices will operate at hours other than normal; classes will be held only within the announced time period for office operation.
• Campus closed. Only essential administrative and staff personnel will be on campus. Offices will be closed and classes will be cancelled.

This section applies to all Classroom Teachers.

The final examination schedule is developed by the Registrar and by the Council on Academic Policy, is approved by the Faculty, and is published on the web. Examinations must be held at the scheduled times. Exceptions for individual students may be made at the discretion of the classroom teacher. However, requests by classroom teachers to change the time of final examinations must be approved by the Council on Academic Policy.

The final exam schedule was designed to ensure that no student has more than two final exams on any given day. If classroom teachers administer final exams during the last week of classes, it is possible for a student to have more than two finals on a single day. Classroom teachers are therefore discouraged from giving comprehensive tests during the last week of classes.

Reading Day is reserved for students’ final exam preparation. No required course meetings will be held on Reading Day. Reading Day may be used for individual student capstone experience presentations or defenses; however individual students should not be asked to participate in any such meetings other than their own. No extra required class meetings will be scheduled during the final exam period beyond the time allocated to the course in the final exam schedule.

Course assignments should not be made or due during fall or spring breaks, or on Reading Day.

Classroom teachers should follow the policies outlined in the Catalog when assigning grades. These policies describe the allowed grades of A, B, C, D, F, CR, NC, NR, I, and W as well as how these grades are interpreted on the transcript and in the computation of grade point averages. Grades of CR, NC, NR, I, and W can be assigned only in particular circumstances and when the appropriate policies and deadlines as outlined in the catalog have been followed. Questions should be directed to the Registrar.

If a student is doing poorly, or if there is a marked decline in the quality of work, a classroom teacher should report this problem to the student’s advisor, who confers with the student and reports to the classroom teacher. Persistent problems should be reported to the Office of Advising and Student Success.

This section applies to all Classroom Teachers.

Hendrix College recognizes that its students have a right to privacy, a right which has been guaranteed them by federal law since the passage of the Family Educational Rights and Privacy Act (“The Buckley Amendment”) in 1974. The school’s basic policies concerning privacy are documented in the Catalog.

Hendrix classroom teachers are expected to respect the privacy of their students. As the AAUP Redbook states, “Information about student views, beliefs, and political associations which professors acquire in the course of their work as instructors, advisors, and counselors should be considered confidential.” (9th Edition, 2001. p. 262). Student grades and general academic performance and abilities should be regarded as confidential as well. However, information about a student’s class attendance, academic performance, grades, and prospects can be shared with officials of the College who have a legitimate educational interest in such knowledge, without the student’s express consent. This group would include the student’s advisor, his or her other classroom teachers, counselors or coaches or supervisors of other extracurricular activities the student may be engaged in, and personnel from the Office of Academic Affairs, including the Registrar, Executive Director for Advising and Student Success and the Director of Student Success.

Response to parental inquiries depends on whether or not the student is still legally dependent. That is, it depends on whether or not the student is listed as a dependent on the parent’s federal tax return. If so, then the parent has a legal right to know how the student is faring in classes. If not, the student must give authorization before the classroom teacher can discuss his or her academic performance. Typically, around 90% of Hendrix students sign the form declaring that they are still dependents. Classroom teachers should learn which if any of their students and advisees are independent, in case they are asked by parents about a student’s academic performance.

The process of gathering student feedback of teaching aims to stimulate reflection about teaching and to encourage peer cooperation in the enhancement of teaching. Student feedback is useful in three distinct ways.

• It can help improve teaching methods by understanding what is working and what is not, thus improving student learning.
• It can aid in personnel decisions made by administrators and committees (e.g., promotion, merit increases, tenure).
• It gives students a voice concerning their education.

These three goals provide the basis for the online student feedback questions.

Course feedback forms are administered for all courses with three or more students. Course feedback is administered using the online system. Professional development opportunities are available for training to use the online system and properly interpreting results. Professional development opportunities are also available for development of both qualitative and quantitative questions and the use of best practices.

Guidelines for various courses and classroom teachers are described below:

• Student feedback conducted by Faculty becomes part of the ongoing evaluation of these faculty members as described in a later section of the Handbook. Faculty student feedback forms consist of the ten questions in Table 1 with up to ten additional questions determined by the Faculty member.
• Student feedback conducted by adjunct teaching staff become part of the department chair’s review of the adjunct teaching staff with chairs receiving summary reports one week after the day grades are due. Summaries are available to the adjunct teaching staff the day after grades are due. The feedback forms consist of the ten questions in Table 1 with up to ten additional questions chosen in consultation with the department chair.   
• For courses that are part of The Engaged Citizen or Explorations, and for activity courses, modifications to the ten questions may be approved by the Committee on Faculty and are coordinated by the committee or department responsible for these courses. Provided that a compelling rationale is articulated and that there is a clear departmental consensus, departments may petition the Committee on Faculty to allow modifications to the ten questions for departmental courses taught concurrently by multiple classroom teachers.

Protection of the anonymity of student feedback is integral to the process. In situations when classroom teachers provide time during class for students to complete the online feedback forms, the classroom teachers should leave the room while students are completing the forms.   In all cases, classroom teachers do not see student feedback for a particular course until after the deadline for submitting grades.

Table 1: Online Student Feedback Questions

• Responses to the questions listed in Table 1 are not used to compare classroom teachers across disciplines or within departments.
• Caution should be used when making generalizations.  Course feedback is meant to signal general trends and not definitive statements that can be proven statistically. Course feedback measures student beliefs about the quality of how a course was taught. Understanding the overall quality of the teaching of a course requires integrating this metric with the other types of evidence listed in Section D.3.a.
• Faculty are encouraged to discuss their feedback summaries privately with a mentor or other Faculty member whom they respect.
• Faculty are encouraged to innovate and experiment in the classroom. It is understood that innovation may result in less positive feedback. This feedback is not interpreted as a decline in performance, provided that in self-evaluation letters the Faculty articulate the relationship between the innovation and the feedback.
• Individual students are not identified during the process of gathering student feedback.
• Classroom teachers do not know whether or not a particular student has completed a feedback form unless the student volunteers that information. [Classroom teachers may ask students to forward to them the Certificate of Completion received after completing an online form.]
• When a Faculty member submits the evaluation notebook for a formal evaluation, the notebook should contain the online student feedback summaries for courses taught during the evaluation period.  These summaries are not available electronically to the chairs.
• If a Faculty member receives student feedback in the online system that the Faculty member views as containing harassing or demeaning statements about any personal characteristics outlined in the Hendrix Equal Opportunity Statement, the Faculty member should contact the campus Title IX Coordinator to request that the entire feedback forms from those students be removed from the online system and excluded from summary reports.  If the Title IX Coordinator agrees with the Faculty member’s assessment of these comments, the Coordinator will work with the IT staff administrator of the online system to have those particular feedback forms removed from the online system and excluded from summary reports.
• Other than use during formal evaluations as described above, no member of the Committee on Faculty has access to Faculty feedback forms or summaries unless the following conditions are met:
  • student academic complaints are believed to be serious enough to warrant review of the Faculty member’s feedback outside the evaluation cycle;
  • it is determined that student feedback would be relevant to assessing the specific issues raised in the complaint.
• The decision to request access to the course feedback has to be agreed to by the Committee on Faculty. In that event:
  • The Area Chair notifies the Faculty member of the request for copies of all online feedback summaries for a stated period. This request also includes copies of feedback forms from before the online system if those forms are within the stated period.  The Faculty member should provide the summaries to the Area Chair within one business day from the request notification.
  • The Area Chair reviews the feedback and a meeting is scheduled to discuss matters pertinent to the original student complaint(s).
  • The Faculty member may request that the department chair be present for the meeting.
  • In the case when a department chair or area chair was the Faculty member evaluated, the chairs assigned for the evaluation are the ones referred to in the previous points.

Hendrix College is committed to high standards of honesty and fairness in academic pursuits. Such standards are central to the process of intellectual inquiry, the development of character, and the preservation of the integrity of the community.

Hendrix College cultivates an active interest in the liberal arts and intellectual inquiry where students take responsibility for their own actions. In keeping with this mission, the Faculty and students of Hendrix College have adopted a set of standards and procedures designed to

• help create a supportive and fair learning environment;
• guarantee the integrity and value of each student’s work;
• demonstrate the student body’s commitment to serious academic pursuits;
• foster a capacity for ethical decision-making;
• involve students and faculty mutually in the academic judicial process;
• specify the procedures to be followed for incidents of academic dishonesty;
• cultivate an on-going dialogue about academic values within the Hendrix Community.

In pursuit of these goals, Hendrix students have agreed to adhere to the following principles:

• All students have an equal right to their opinions and to receive constructive criticism.
• Students should positively engage the course material and encourage their classmates to do the same.
• No students should gain an unfair advantage or violate their peers’ commitment to honest work and genuine effort. It follows that any work that a student submits for class will be that student’s own work. The amount of cooperation undertaken with other students, the consistency and accuracy of work, and the test-taking procedure should adhere to those guidelines that the instructor provides.
• Members of the Hendrix community value and uphold academic integrity because we recognize that scholarly pursuits are aimed at increasing the shared body of knowledge and that the full disclosure of sources is the most effective way to ensure accountability to both ourselves and our colleagues.

Violations of these standards of academic integrity may take one of the following forms:

• Plagiarism, which involves the use of quotations without quotation marks, the use of quotations without indication of the source, the use of another’s idea without acknowledging the source, the submission of a paper or project (or any portion of such) prepared by another person;
• Cheating on examinations, laboratory reports, exercises, or projects that are to be done by individual students; giving or receiving answers and/or materials pertinent to any academic work without permission of the classroom teacher;
• Stealing, manipulating, or interfering with any academic work of another student;
• Colluding with other students on work that is to be completed by an individual student;
• Lying to or deceiving faculty; or
• Violating particular standards as determined and explicitly outlined by individual classroom teachers on a course by course basis. These particular standards should be clearly indicated on the syllabus for each course.

Instances of academic dishonesty are handled in a two-track system that distinguishes between minor and major violations. The distinction between minor and major violations is made by the classroom teacher except in the case of students with multiple violations. The Committee on Academic Integrity shall handle instances of students with multiple violations as well as violations that require a conference.  Multiple violations are treated as major violations. Otherwise, the distinction between minor and major violation is subjective and is intended to differentiate between cases of ignorance, such as poor citation, and cases of deliberate dishonesty. Records of all violations are submitted to the Committee on Academic Integrity for inclusion in a database to track violations.  These records are kept for a period of six years.

Composition of the Committee: The committee consists of six members of the Student Association and five Faculty members. The Student Senate nominates and selects student members in the same manner as the College Conduct Council. The College’s Committee on Committees nominates the faculty members. The Committee on Committees also identifies one of the Faculty members to serve as committee chair.

A minimum of five members of the Committee on Academic Integrity including at least two Faculty and two student members is required to hold a conference The Chair assembles conference groups from available committee members.

The Chair is responsible for the following: convening the Committee when a report has been filed that requires a conference; serving as the official, corresponding liaison between the Committee and the concerned parties; being the contact person for all questions concerning the process and procedure of the Committee; and transmitting all Committee decisions to the concerned parties through an Official Letter of Decision.

Committee Process: All alleged violations of academic standards must be reported in writing to the Committee on Academic Integrity. A report may be filed, using the available Letter of Agreement form, in one of three ways:

1. The classroom teacher and student discuss the alleged violation and agree to a sanction. The classroom teacher files the violation report to the Chair of Committee on Academic Integrity. The Chair may then accept the violation and file it without committee involvement, unless further action is warranted by inconsistencies of sanctions or by previous violations.
2. The classroom teacher and student discuss the alleged violation and/or sanctions and the student does not agree with one or both. The classroom teacher files the violation report to the Chair of Committee on Academic Integrity, who then schedules a conference.
3.  A student may report another student's alleged violation by either informing the classroom teacher, who files a report with the Chair of the Committee, or filing a report directly with the Chair of the Committee. In either case, the Chair shall establish appropriate deliberations and sanctions with respect to the severity of the violation in consultation with the classroom teacher and the Committee.

Generally, reviews of violations of academic integrity fall into two procedural categories:

• Alleged violations that are settled through a letter of agreement, without a conference.  If a classroom teacher accuses a student of a violation of academic integrity, the classroom teacher can describe the alleged violation and recommended sanctions in a letter.  In these cases, no conference is required as long as:
  • The student signs the letter, indicating that they accept the charges and sanction.
  • The student has no prior record with CAI.
  • The sanction is reasonable, as determined by the CAI.
    
    
• Alleged violations settled through a conference. Conferences are called when a case falls into any of the categories below:
  • A student does not accept the charges / admit responsibility for the violation.
  • The student does not agree to the sanction (i.e., they think the sanction is too harsh).
  • The student is on academic probation.
  • The student initially agreed to the sanctions and accepted guilt, but later changed their mind; they have one week to repeal the decision, once they sign the letter. 

If it is determined a conference is necessary, the Committee shall convene within two weeks of that report, provided this conforms to the academic calendar. If the academic calendar does not allow such convention, the case will be revisited during the first two weeks of the next academic session. Whoever files the alleged violation report to the Committee must attend the conference. At this meeting, all statements and evidence will be presented.  All parties have the right to introduce evidence or witnesses. Witnesses must have firsthand knowledge of the academic integrity violation and/or evidence related to the accusation. A student facing an accusation of violating standards of academic integrity must continue through the conference process even if the student has withdrawn from the class in which the alleged violations took place.

A simple majority may postpone a decision if certain evidence deemed crucial to the case has not been presented. A decision may be postponed only twice, and on each occasion the Committee must reconvene within a week, provided this conforms to the academic calendar.

In order to protect the confidentiality of students, all Committee deliberations are held in confidence, as are all decisions and potential sanctions. Furthermore, at the beginning of each academic year, and at each conference, every member of the Committee must sign a Confidentiality Statement to protect the privacy of deliberations.

The Committee has two options in rendering a decision:

• In violation
• Not in violation

In situations where a conference is required, a student is in violation of the standards of academic integrity only when a majority of the conference committee concur that a violation has occurred. If the Committee finds a student to be in violation of the standards of academic integrity, it also hands down a particular sanction in direct consultation with the classroom teacher. The Committee must consider the recommended sanction from the classroom teacher. A majority of the conference committee must agree upon specific sanctions.

Students are still subject to these sanctions if they have withdrawn from a course in which an academic integrity violation took place, whether the violation is determined to be major or minor. When a decision has been reached, it is transmitted to the involved parties through an Official Letter of Decision from the Chair of the Committee. Included in this Letter is the decision of the Committee and the prescribed sanction.

In cases of a minor violation, the violation letter is sent to the student and to the classroom teacher. The violation will not appear on the transcript. In addition, these records may be divulged to Hendrix Faculty and staff requesting information relevant to awards and honors. Records of single or minor violations shall not be divulged to outside parties such as employers and graduate schools. 

In cases of a major violation, the violation letter is sent to the student, classroom teacher, Vice-President for Student Affairs, Provost, Registrar, and parents or legal guardians (in situations where FERPA does not apply). The violation will not appear on the transcript. Inquiring parties (e.g., employers or graduate schools) who directly ask whether or not a student has violations of academic integrity will be informed that a violation exists (although the details of the violation will not be released).  

If a student is not found to be in violation of the standards of academic integrity, the student and the classroom teacher will be notified.

The Committee shall retain all records of academic integrity violations for a period of six years, after which the records are purged. 

Penalty Guidelines: In most cases, cheating or plagiarism on assignments results in a “0” for that assignment and/or a reduction of one letter grade in the course. In most cases, cheating or plagiarizing on a cumulative assignment, for example a final exam, paper or presentation, results in an F for the course.

Other options include:

• Academic Integrity Probation.  If a student is later found responsible for another academic integrity violation, the committee may consider a more serious sanction, such as probation. With such a recommendation, the Provost of the College is the consulting officer.
• Suspension or expulsion.  In severe cases, a student may be suspended or expelled. With such a recommendation, the Provost of the College is the consulting officer.

Appeals: You are entitled to appeal an academic integrity decision based on one of the following reasons: (a) new information exists, unavailable during the original conference, that could affect the outcome; (b) a material deviation from written procedures could have impacted the fairness of the conference; (c) the sanction(s) may be grossly disproportionate to the severity of the offense. 

If you choose to make an appeal, you must submit a letter explaining your reason for the appeal to the Provost by e-mail within seven days of the Committee’s decision. The Provost will determine whether there are sufficient grounds for appeal, and, if such grounds are found, forward the case to the Committee on Academic Appeals. Decisions by the Committee on Academic Appeals are final. The Appeals process should be completed within four weeks of filing, exclusive of breaks in the academic year.

     It is the intent of Hendrix College that all members of the College community adhere to the provisions of the United States Copyright Law (Title 17, United States Code, Sect. 101, et seq.). The following policy statements and guidelines constitute a manual for anyone at the College who wishes to reproduce, alter, or perform works that are protected by copyright. Since copyright protection applies to a variety of creative works -- printed materials, sound recordings, video recordings, visual artworks, computer software, and others – the manual has been constructed to address issues related to particular types of media.

     U.S. copyright law and relevant commentaries are available in the Bailey Library Faculty Development Collection and on the Bailey Library web site. For questions about Copyright Policy, consult the Library Director. This Copyright Policy will be reviewed as needed.

     Members of the College community who willfully disregard this Copyright Policy assume all liability.

What Copyright Is

     Copyright is a form of legal protection for authors of original works, including literary, dramatic, musical, artistic, and other intellectual products. Publication is not essential for copyright protection, nor is the well-known symbol of the encircled "c". Section 106 of the Copyright Act (90 Stat 2541) generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

• Reproduce copies of the work.
• Prepare derivative works based on the copyrighted work.
• Distribute copies of the work by sale, rental, lease, or lending.
• Publicly perform the work (if it is a literary, musical, dramatic, or choreographic work or a pantomime, motion picture or audiovisual work).
• Publicly display the work (if it is a literary, musical, dramatic, choreographic, sculptural, graphic, or pictorial work -- including the individual images of a film--or a pantomime).

     The copyright owner retains these rights even when the work itself belongs to someone else. However, the rights are not absolute. They are subject to both "Fair Use" limitations, which apply to all media, and medium-specific limitations.

Fair Use

    The doctrine of fair use, embedded in section 107 of the Copyright Act of 1976, addresses the needs of scholars and students by mitigating the rights of copyright ownership. However, what constitutes fair use is expressed in the form of guidelines rather than explicit rules. To determine fair use, consider the following four factors [from What Educators Should Know About Copyright, by Virginia M. Helm; Bloomington, IN, Phi Delta Kappa Educational Foundation, 1986]:

    The purpose and character of the use, including whether the copied material will be for nonprofit, educational, or commercial use. This factor at first seems reassuring; but unfortunately for educators, several courts have held that absence of financial gain is insufficient for a finding of fair use.
    The nature of the copyrighted work, with special consideration given to the distinction between a creative work and an informational work. For example, photocopies made of a newspaper or newsmagazine column are more likely to be considered a fair use than copies made of a musical score or a short story. Duplication of material originally developed for classroom consumption is less likely to be a fair use than is the duplication of materials prepared for public consumption. For example, a teacher who photocopies a workbook page or a textbook chapter is depriving the copyright owner of profits more directly than if copying one page from the daily paper.
    The amount, substantiality, or portion used in relation to the copyrighted work as a whole. This factor requires consideration of 1) the proportion of the larger work that is copied and used, and 2) the significance of the copied portion.
    The effect of the use on the potential market of the copyrighted work. This factor is regarded as the most critical one in determining fair use; and it serves as the basic principle from which the other three factors are derived and to which they are related. If the reproduction of a copyrighted work reduces the potential market and sales and, therefore, the potential profits of the copyright owner that use is unlikely to be found a fair use.

Permission for Copying in Excess of Fair Use

     The College will participate in contractual arrangements mandating royalty payments or licensing fees to copyright owners whenever feasible. Nevertheless, it often falls to the individual scholar to obtain written permission from the copyright owner to copy a large portion of a work or an entire work, or to produce multiple copies of chapters or periodical articles. Call the Bailey Library for help with the permission process.

Printed Materials

Works that May be Used Freely

     Occasionally, scholarly publications such as journal articles include a note offering the right to copy for educational purposes. Some categories of publications are in the public domain (such as most government documents); that is, copyright law does not protect their use. Once a work has acquired public domain status it is no longer eligible for copyright protection.

Photocopying

Printed Materials Other Than Music: What Quantity Conforms to the Law?

   The following parameters are widely considered to be inappropriately restrictive for academic needs. However, they define the limits within which we can be sure of complying with copyright law. Somewhat more extensive copying may be sanctioned by the fair use guidelines.

Single Copies for Scholarly Needs or Library Reserve

• A chapter of a book.
• A newspaper or periodical article.
• A short story, short essay, or short poem.
• A chart, diagram, drawing, graph, cartoon, or picture.
• Articles, etc. that are submitted for Reserve are considered the property of the instructor and will be returned at semester-end. (See "Library Reserve Services", for further information)

     Multiple Copies for Classroom Use must meet the following tests of brevity, spontaneity, and cumulative effect. Each copy must include the following notice that it is copyrighted material: NOTICE: This material may be protected by Copyright Law (Title 17 U.S. Code).

Brevity

• Prose: Either (1) a complete article, story or essay of less than 2,500 words, or (2) an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less, but in any event an excerpt of up to 500 words
• Poetry: (1) A complete poem if less than 250 words and if printed on not more than two pages, or (2) an excerpt of not more than 250 words
• (Each of the numerical limits above may be expanded to permit the completion of an unfinished prose paragraph or line of a poem.)
  
• Illustration: One chart, graph, diagram, drawing, cartoon or picture per book or periodical issue.
  
• Special Works: Certain works in poetry or prose or in "poetic prose", which may combine language with illustrations and which fall short of 2,500 words, may not be reproduced in their entirety. However, an excerpt comprising not more than two of the published pages of such a work, and containing not more than 10% of the words found in the text, may be reproduced.

Spontaneity

• The copying is at the instance and inspiration of the individual instructor.
• The inspiration and decision to use the work and the moment of its use for maximum teaching effectiveness are so close in time that it would be unreasonable to expect a timely reply to a request for permission.

Cumulative Effect

• The copying of the material is for only one course, with no more than one copy per student in the course.
• Not more than one short poem, article, story, essay or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume during a semester.
• There shall not be more than nine instances of such multiple copying for one course during a semester.

Course Packets

     Copyright litigation involving academic users has focused on these "anthologies", which are perceived as substituting for textbooks and thus as reducing the potential market for copyrighted publications. Every article or chapter in a course packet, if derived from copyrighted material, requires permission, either from the copyright owner (usually the publisher) or through a royalty fee paid to the Copyright Clearance Center. Permission to use copyrighted materials can take some time to secure; therefore it is recommended that you begin pursuing these permissions at least two months in advance to assure ample time for copyright clearance. Each item in the packet also must include a notice of copyright -- e.g., "Copyright 1990 by Academic Books, Inc." Individuals who purchase course packets should not be charged in excess of cost.

Photocopying Music for Educational Purposes

What Quantity Conforms to the Law?

• For a Performance: Emergency copying is permitted so long as replacement copies are subsequently purchased.
• Single Copies for Personal or Library Reserve Use (Academic Purposes Other Than Performance): An entire performable unit (section, movement, aria, etc.) if the unit is out of print or available only in a larger work.
• Multiple Copies for Classroom (Non-Performance) Use: Excerpts may comprise no more than 10% of a whole work and may not constitute a performable unit.
• Packets of Photocopied Music Excerpts: See section above, "Course Packets."

Photocopies Obtained Through Interlibrary Loan

     Section 108(d) of the Copyright Law of 1976 specifies that a library may copy "no more than one article or other contribution to a copyrighted collection or periodical issue, or to . . . a small part of any other copyrighted work." The copy must become the property of the requestor, and its use is limited to "private study, scholarship, or research."

     Interlibrary Loan activities are further restricted in the aggregate by the "CONTU Guidelines", which cap the amount of photocopying the ILL office can request for the College community in any calendar year. The thrust of the "Guidelines" is to quantify the maximum number of photocopied articles -- five -- that can be requested from the most recent five years of a periodical to which the library does not subscribe. The "CONTU Guidelines" are available in the Interlibrary Loan office. Individuals requesting copies in excess of the CONTU allowance may be asked to pay a royalty or the fee necessary to obtain such copies commercially.

     The Interlibrary Loan office is legally obligated to display prominently the following notice and to include the same text on all request forms:

               NOTICE

               WARNING CONCERNING COPYRIGHT RESTRICTIONS

               The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.

               Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.

               This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.

Photocopy Machines

     Every photocopy machine on campus must include effective signage incorporating the following text:

     Notice: The copyright law of the United States (Title 17 U.S. Code) governs the making of photocopies or other reproductions of copyrighted material. The person using this equipment is liable for any infringement.

Library Reserve Services

     Since library reserve services function as classroom adjuncts, the "Guidelines for Multiple Copies for Classroom Use" [pp. 3-4] are relevant. However, these guidelines address the practice of distributing photocopies to every course participant. Furthermore, the quantities specified for amount of text and total instances of photocopying constitute the minimum permitted by copyright law. Consequently, many academic reserve services adopt policies that seek to blend the spirit of the "Guidelines" with the criteria for fair use.

     How many photocopies of an item may be placed on reserve? Bailey Library reserve services routinely accept single photocopies of copyright-protected chapters, articles, etc. [see p. 3, "Single Copies for Scholarly Use or Library Reserve"]. The photocopies are considered to be the instructor's property. Although copyright law prohibits libraries from systematic copying to enhance their collections, an instructor may provide duplicate photocopies (three at most) when a course is large enough to require more than one of an assigned photocopy. If the Library or the instructor does not own an original, the instructor must provide written permission or indication of royalty payment for photocopies in excess of one.

How many photocopied items are permitted on reserve for a course?

    How many items from one source? The amount of material should be reasonable in relation to the size of the source. Ordinarily, two chapters from a book or two articles from a periodical would be considered reasonable. Greater proportions of copyright-protected sources will be accepted for reserve only with the written permission from the copyright owner or indication of royalty payment.
    How many items altogether? There are several relevant considerations, including the four factors which determine fair use; the "Guidelines for Multiple Copies for Classroom Use;” and recent judicial history. Still, the quantitative threshold for exceeding fair use is problematic. However, current opinion on academic applications of the copyright law is consistent in regarding course packets derived from copyright-protected materials as outside the bounds of fair use. Consequently, course packets will not be accepted for library reserve without indication of the necessary permission or royalty payment.

     Copies on Reserve must be marked: NOTICE: This material may be protected by copyright law (Title 17 U.S. Code). Special restrictions apply to music reserves. See sections on sound recordings and photocopying music.

     Unpublished Works. Manuscripts, letters and other unpublished materials are likely to be protected by copyright regardless of age, even if they lack a notice of copyright. If you have any questions, you may consult the Library Director.

     Unpublished works that belong to the Library may be reproduced in facsimile format for preservation purposes or for deposit for research use in another library or archives. Copies may usually be made for individual researchers under the law's Fair Use provisions.

Audiovisual Materials

Films and Video

     Classroom Use: Possession of a film or video does not automatically confer the right to show the work. The copyright owner specifies, at the time of purchase or rental, the circumstances in which a film or video may be "performed". For example, videocassettes from a video rental outlet usually bear a label that specifies "Home Use Only". However, whatever their labeling or licensing, use of these media is permitted in an educational institution so long as certain conditions are met.

     Section 110 (1) of the Copyright Act of 1976 specifies that the following is permitted: Performance or display of a work by instructors or pupils in the course of face-to- face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images is given by means of a copy that was not lawfully made...and that the person responsible for the performance knew or had reason to believe was not lawfully made.

     Additional text of the Copyright Act and portions of the House Report (94-1476) combine to provide the following, more detailed list of conditions:

• They must be shown as part of the instructional program.
• They must be shown by students, instructors, or guest lecturers, either in a face-to-face setting or where students and teacher(s) are in the same building or general area. They must be shown only to students and educators.
• They must be shown either in a classroom or other school location devoted to instruction such as a studio, workshop, library, gymnasium, or auditorium if it is used for instruction.
• They must be shown using a legitimate (that is, not illegally reproduced) copy with the copyright notice included.
• Further, the relationship between the film or video and the course must be explicit. Films or videos, even in a "face-to-face" classroom setting, may not be used for entertainment or recreation, whatever the work's intellectual content.

Use Outside the Classroom

     Besides use in classrooms, videocassettes and videodiscs that are owned by the College may ordinarily be viewed by students, faculty or staff at workstations or in small-group rooms in the Bailey Library Media Center. These videos may also be viewed at home (e.g., in a residence hall room), so long as no more than a few friends are involved. Larger audiences, such as groups that might assemble in a residence hall lobby, require explicit permission from the copyright owner for "public performance" rights. The Library's online catalog includes the note "On-campus Public Performance Rights secured" for videos with that status. No fees for viewing a video are permitted even when public performance rights are obtained.

Copying Videotapes / Off-Air Recording of Broadcasts, Including Satellite TV

     Copying videotapes without the copyright owner's permission is illegal. An exception is made for libraries to replace a work that is lost or damaged if another copy cannot be obtained at a fair price [Section 108 of the Copyright Act of 1976].

     Licenses may be obtained for copying and off-air recording. Absent a formal agreement, "Guidelines for Off-the-Air Recording of Broadcast Programming for Educational Purposes", an official part of the Copyright Act's legislative history, applies to most off-air recording:

• Videotaped recordings may be kept for no more than 45 calendar days after the recording date, at which time the tapes must be erased.
• Videotaped recordings may be shown to students only within the first 10 school days of the 45-day retention period.
• Off-air recordings must be made only at the request of an individual instructor for instructional purposes, not by staff in anticipation of later requests.
• The recordings are to be shown to students no more than two times during the 10-day period, and the second time only for necessary instructional reinforcement.
• The taped recordings may be viewed after the 10-day period only by instructors for evaluation purposes, that is, to determine whether to include the broadcast program in the curriculum in the future.
• If several instructors request videotaping of the same program, duplicate copies are permitted to meet the need; all copies are subject to the same restrictions as the original recording.
• The off-air recordings may not be physically or electronically altered or combined with others to form anthologies, but they need not necessarily be used or shown in their entirety.
• All copies of off-air recordings must include the copyright notice on the broadcast program as recorded.

These guidelines apply only to nonprofit educational institutions, which are further expected to establish appropriate control procedures to maintain the integrity of these guidelines.

Certain public broadcasting services (Public Broadcasting Service, Public Television Library, and Agency for Instructional Television) impose similar restrictions but limit use to only the seven-day period following local broadcast.

Network Distribution of Video

     The College negotiates for closed-circuit distribution rights, if possible, when purchasing access to satellite broadcasts or obtaining works on videotape. Without explicit permission for closed-circuit distribution, network transmission of a video is not permissible unless "Classroom Use" structures are met.

Sound Recordings

Non-Music Recordings

     Cassettes or disks may not be copied unless replacement recordings from a commercial source cannot be obtained at a fair price. Recording brief excerpts is considered fair use, however.

Music Recordings

     A single copy may be made for the purpose of constructing aural exercises or examinations. Otherwise, the restrictions on copying non-music recordings apply. The downloading of music and entertainment video must comply with the Code of Computer Resource Use in the faculty, staff and student handbooks.

Slides and Photographs

Reproduction

     Whenever possible, Hendrix will either purchase slides and photographs from authorized sources or will borrow from institutions which offer licensing for single-copy reproduction. In either case, further copying would be prohibited.

     Occasionally, slides of copyrighted images that are needed for classroom purposes cannot be obtained ready-made in a timely fashion. If the process of slide making would fail to meet Fair Use requirements, the requestor must demonstrate that the copyright owner has granted permission.

Display

     Copyright ownership of slides and photographs encompasses control over display as well as reproduction. However, Section 110 of the Copyright Act of 1976 addresses the display of copyrighted slides and photographs in educational settings by allowing "display of a work by instructors or pupils in the course of face-to-face teaching activities of a non-profit educational institution, in a classroom or similar place devoted to instruction" so long as the copy of the artwork was lawfully made. Furthermore, the purpose of the display must be integral to the course.

Computer Software

     Hendrix College negotiates site licenses with software vendors whenever possible for software products that are selected for extensive use, since these arrangements provide the College community with efficient access to computer programs that support the curriculum while assuring the copyright owner a fair royalty.

    Software products that are not licensed to the College may also be used. However, copying is strictly limited except for backup purposes. Whether the software is transferred from the original to a hard disk or to an archival diskette, the backup copy is not to be used at all so long as the other copy is functional.

   Libraries are permitted to lend software, but only for temporary use, not for copying. If the borrower transfers the software to a hard disk, the program must be deleted when the borrowed item is returned.

   Copyright law is acknowledged to be inadequate in relation to the complexities of software use. EDUCOM, a nonprofit organization that supports the use of technology in education, launched the EDUCOM Software Initiative, which developed a statement of principle intended for adaptation and use by individual colleges and universities. It is here reproduced in full:

The EDUCOM Code

     Software and Intellectual Rights. Respect for intellectual labor and creativity is vital to academic discourse and enterprise. This principle applies to works of all authors and publishers in all media. It encompasses respect for the right to acknowledgment, right to privacy, and right to determine the form, manner, and terms of publication and distribution.

     Because electronic information is volatile and easily reproduced, respect for the work and personal expression of others is especially critical in computer environments. Violations of authorial integrity, including plagiarism, invasion of privacy, unauthorized access, and trade secret and copyright violations, may be grounds for sanctions against members of the academic community.